The National tribune., 1887-02-17

ability"
2. Such disability must not be "the result o.
their own vicious habits or gross carelessness.'
3. Such disability must be such as "incapaci
tates them for the performance Of labor in sucl
a degree as to render them unable to earn {
support"
4. They must be dependent upon their daily
labor for support"
5. Upon proof Of these conditions they shall
" be placed on the list of invalid pensioners o.
the United States, and be entitled 10 receive fol
such total inability TO procure their subsistence
by daily labor Sl2 per month"
Ii is not probable that the words last quoted
such total inability toprocure their subsistence
by daily labor" at all qualify the condition:
prescribed in the preceding language of the
section. The total inability" spoken OF must
be such" inability-that is, the inability
already described and constituted by the con.
ditions already detailed in the previous parts
OF the section.
Ii thus becomes important TO consider the
meaning and the scope of these last-mentioned
conditions.
The mental and physical disability spoken oi
has distinct meaning in the practice of the
Pension Bureau, and includes every impair
ment of bodily or mental strength and vigor
For such disabilities there are now paid l3l
different rates of pension, ranging from 81 to
Shopper month.
The disability must not be the result Of the
applicants "vicious habits or gross careless.
ness" Practically this provision is not i'm
portant The attempt of the Government "a
escape the payment Of pension on such plea
would OF course, in a very large majority OF
instances, and regardless of the merits of the
case, prove a failure. There would be that
strange but nearly universal willingness TO help
the individual as between him and the public
Treasury, which goes very far to insure a state
of proof in favor of the claimant
The disability of applicants must be such as
10 incapactate them for the performance OF
labor in such a degree as TO render them un-
able 10 earn a support"
twill be observed that there Is no limita-
ton or definition Of the incapactating injury
or ailment itself. IL need only be such n de-
gree of disability from any cause as renders
the claimant unable 10 earn support by labor.
lt seems TO me that the Support " here men,
toned rs one which cannot be earned, is a
complete and entire support, with no diminu-
tion on account Of the least impairment OF
physical or mental condition. If il had been
intended 10 embrace only those who by disease
or injury were totally unable TO labor il would
have been very easy 10 express that idea, in
stead of recognizing as is done degree OF
such inability.
What is n supportp Who Is TO determine
whether man earns il, or has IT, or has il not ?
claimants for pension, and after an examina-
tion Of their surroundings and circumstances
settle those questions? Shall the Government
say TO one man that his manner of subsistence
by his earnings is a support. and to another
that the things his earnings furnish are not a
support? Any attempt, however honest to
administer this law in such a manner would
necessarily produce more unfarness and un-
just discrimination and give more scope for
.gWlN lNggWa Ne.l. \ ~
perversion of the Governments benevolent in
tentiOns, than the execution of any statute
ought 10 permit.
III In the effort TO carry out the proposed
law, the degree of disability as related TO earn
ings, be considered for the purpose of discover
ing If IN any way il curtails the support which
the applicant if entirely sound would earn,
and TO which he is entitled, we enter the broad
field long occupied by the Pension Bureau,
and We recognize as the only difference be-
tween the proposed legislation and previous
laws passed for the benefit of the surviving SOL
diers OF the civil war, the incurrence in one
case OF disabilities in military service, and in
the other disabilities existing but in no way
connected with or resulting from such service
1t must be borne i'm mind that in no case is
there any grading of this proposed pension.
Under the operation of the rule first suggested.
If there is lack in any degree, great or small
Va tue edTn SuCn a support rs the
Government determines the claimant should
have, and by the application of the rule scc-
ondly suggested, if there is n reduction in any
degree of the support which he might earn il
sound, he is entitled 10 a pension of SI2
In the latter case, and under the proviso of
the proposed bill, permitting persons now re-
ceiying pensions 10 be admitted TO the benefits
Of the act, / do not see how those now on the
pension roll for disabilities incurred I'm the
prria nd rvhf oh ff,f. L..
capacity, can be denied the pension provided
in this bill.
OF course none will apply who are now re-
ceiving Sl2 or more per month. But on tho
Both day Of june 1896, there were on the PEN
sion rolls 202, 62l persons who were receiving
So different rates Of pension from 81 10 SIl. as
per month. OF these, 2S,li2 were receiving So
per month; 031l6, 81 per month; 37,25i, So
per month, and 50274 whose disabilities were
rated as total, s. per month.
As TO the meaning of the section Of the bill
uuder consideration there appears to have been
quite difference of opinion among its advocates
in the Congress. The Chairman of the Com
mittee on Pensions i'm the House of Representa-
tiyes, who reported the bill, declared that there
was IN IL no provision for pensioning any ono
who has less disability than total inability
10 labor, and that il was charity measure.
The Chairman Of the Committee on Pensions
in the Senate. having charge Of the bill of that
body, dissented from the construction Of the
bill announced in the House of Representa-
tives, and declared that it not only embraced
all soldiers totally disabled, but in his iudg-
ment all who are disabled to any considerable
extent; and such a construction was substan-
TALLY given 10 the bill by another distinguished
Senator who as a former Secretary of the In
terror, had imposed upon him the duty of exc
cutting pension laws and determining their in
tent and meaning.
Another condition required Of claimants
under this act is that they shall be dependent
upon their daily labor for support"
This language, which may be said TO assume
that there exists within the reach of the per-
sons mentioned labor" or the ability in some
degree TO work, is more aptly used in statute
describing those not wholly deprived Of this
ability, than in one which deals with those
utterly unable TO work.
am OF the eopinion that IL may fairly be con-
tended that under the provisions of this section
any soldier whose faculties of mind or body
have become impaired by accident disease, or
age, irrespective Of his service in the army as
a cause, and who by his labor only is left inca
pable Of gaining the fair support he might with
unimpairod powers have provided for himself
and who is not SO well endowed with this
worlds goods as 10 live without work, NAV
claim TO participate in its bounty: that it is
not required that he should be without prop
erty, but only that labor should be necessary TO
his support in some degree; nor is il required
that he should be now receiving support from
Others.
Believing this TO be the proper Interpretation
OF the bill, i cannot but remember that the
soldiers Of our civil war, in their pay and
bounty, received such compensation for mill
tarV service as has never hepn receiyad hx- col -